No person shall throw, discard, place or deposit litter
in any manner or amount on any public or private property within the corporate
limits of the City except in containers or areas lawfully provided therefor.

In a prosecution charging a violation of Subsection A from a motor vehicle, proof that the particular vehicle described in the complaint was the origin of the litter, together with proof that the defendant named in the complaint was at the time of such violation the registered owner of such vehicle, shall constitute in evidence of presumption that the registered owner was the person who committed the violation.

Persons distributing commercial handbills, leaflets,
flyers or any other advertising and information material shall take whatever
measures that may be necessary to keep such materials from littering public
or private property.

To facilitate proper disposal of litter by pedestrians
and motorists, such publicly patronized or used establishments and institutions
as may be designated by the Department of Public Works shall provide, regularly
empty and maintain in good condition adequate containers that meet standards
prescribed by the Department. This requirement shall be applicable but not
limited to fast-food outlets, shopping centers, convenience stores, supermarkets,
service stations, commercial parking lots, mobile canteens, motels, hospitals,
schools and colleges.

No person shall transport any loose cargo by truck or
other motor vehicle within the corporate limits of the City unless such cargo
is covered and secured in such manner as to prevent depositing of litter on
public and private property.

The duty and responsibility imposed by Subsection A shall be applicable alike to the owner of the truck or other vehicle, the operator thereof and the person from whose residence or establishment the cargo originated.

Any owner or occupant of an establishment or institution
at which litter is attendant to the packing or unpacking and loading and unloading
of materials at exterior locations shall provide suitable containers there
for the disposal and storage of such litter and shall make appropriate arrangements
for the collection thereof.

No owner, agent or contractor in charge of any construction
or demolition site shall cause, maintain, permit or allow to be caused, maintained
or permitted the accumulation of any litter on the site before, during or
after completion of the construction or demolition project.

The owner, agent or contractor shall have on the site
adequate containers for the disposal of litter and shall make appropriate
arrangements for the collection thereof or the transport by himself to an
authorized facility for final disposition.

Any container which does not conform to the prescribed
standards or which has defects likely to hamper collection or injure the person
collecting the contents thereof or the public in general shall be replaced
promptly by the owner or user of the container upon notification of such defects
from the contractor. Failure to do shall constitute a violation of this chapter.

No owner, manager or employee of a commercial establishment
or institution shall deposit solid waste from that establishment or institution
in any receptacle maintained on a sidewalk or at any other location for disposal
of litter by pedestrians.

No owner, manager or employee of a commercial establishment
or institution shall deposit solid waste from that establishment or institution
in any receptacle not owned by it or provided for its use without the permission
of the owner of such receptacle.

Before building permits shall be issued for construction
of commercial buildings and multiple-dwelling units, plans for the adequacy,
location and accessibility of solid waste containerization and storage facilities
shall be approved by the Building Inspector's office.

The owner, agent, occupant or lessee shall keep exterior
private property free of litter. This applies to removal not only of loose
litter but of materials that already are or become trapped at such locations
as fence and wall bases, grassy and planted areas, borders, embankments and
other lodging points.

If after due warning, citation or summons an owner, agent,
occupant or lessee fails to remove litter from private property, the Department
of Public Works shall serve written notice to the owner or his appointed agent
that if the condition is not corrected within 10 days the property shall be
cleaned by the City and the owner or his appointed agent billed for the cost
thereof. If the bill is not paid within 30 days, this amount shall be added
to the tax roll on that property.[1]

Editor's Note: Original § 9.18(9), Penalties, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 9.18(10) was deleted 9-3-1996 by Ord. No. 1537(11).